Allowed

Birendra Pandey v. The State of Bihar

Patna HC21 Sept 2024CR. MISC./27608/2024

Case brief

AI extract

What is this about?

Anticipatory bail in a case alleging fraudulent sale of the informant's share of land in another's name. Noting an admitted land dispute between the parties and pending title suit, the court granted bail with conditions under Section 438(2) Cr.P.C.

What did the court decide?

Bail granted in event of arrest or surrender within six weeks on bond of Rs.25,000 with two sureties, subject to Section 438(2) Cr.P.C.

Birendra Pandey Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27608 of 2024

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Arising Out of PS. Case No.-251 Year-2023 Thana- SIDHWALIYA District- Gopalganj

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======================================================

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Birendra Pandey S/o Late Lachhandev Pandey R/o Village- Lohijara Tola Balichhapar, P.S.- Sidhwaliya, District- Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Vikash Kumar Shukla, Adv. For the Opposite Party/s : Mr. Md. Fahimuddin, APP. Mr. Awadhesh Kumar Pandey, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 21-09-2024

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Heard learned counsel for the petitioner, learned A.P.P. for

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the State and learned counsel for the informant.

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The petitioner apprehends his arrest in a case registered

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for the offences punishable under Sections 341, 323, 420, 467, 468, 471, 504, 34 of the Indian Penal Code.

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Allegedly, the petitioner having conspiracy with other co-accused persons is said to have sold the land of informant’s share in the name of one Aas Bibi on 20.03.2020 in Sidhwaliya Registry office. When the informant came to know about the same and asked the accused persons to return the aforesaid land through sale deed, they started abusing the informant.

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It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no

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Patna High Court CR. MISC. No.27608 of 2024(3) dt.21-09-2024 2/3

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offence. No such occurrence as alleged has ever taken place. Petitioner has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is admitted land dispute between the parties and a title suit bearing Title Suit No. 668 of 2021 is pending between them. It is further submitted that the petitioner is cousin of the informant and he has committed no fraud. He transferred land of his share in favour of one Aas Bibi legally and over the said land, the informant has not right and title. The land in question is running in the name of the petitioner’s father. He has been made accused in the present case merely with an intention to grab the land of petitioner’s share by the informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail.

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Having regard to the facts and circumstances of the case, as there is admitted land dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of

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Patna High Court CR. MISC. No.27608 of 2024(3) dt.21-09-2024 3/3

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Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sidhwaliya P.S. Case No.251 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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divyanshi/-

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U T

Birendra Pandey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Birendra Pandey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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